Sexual and gender-based violence in Myanmar and the gendered impact of its ethnic conflicts in English
226. In some cases reported to the Mission, the survivor, often accompanied by the male
village administrator, lodged a complaint at the Tatmadaw base to which the perpetrators
belonged. In most of those cases, the Tatmadaw failed to investigate or punish the
perpetrator.493 However, because of the complaint, the entire community was made aware
of the incident. In some cases, the survivors go to women’s organizations that can provide
needed services more appropriately.
227. The consequences of the conflict for women and girls are particularly severe,
especially for those displaced and for those who lost a spouse or father in the violence. 494
Many face dire economic situations having lost the main breadwinners in their families and
are once again vulnerable to sexual and gender-based violence. A woman told the Mission
that Tatmadaw soldiers killed her husband in Mogaung Township, Kachin State in 2017.
“It has been very difficult since he died. When he was alive he managed everything for the
family, and also the finances. He earned and provided, and we survived. Now it is difficult
for me to take care of my children. My youngest child asks ‘where is daddy’, and ‘can we
call daddy or talk to daddy’. In those moments, I feel sad and do not know how to respond.
I tell them that daddy is in heaven. But one of my children is very young, and asks if we can
call daddy in heaven.”495
228. A woman whose husband was detained by the Tatmadaw in Kachin State in 2014,
never to be seen again, explained:
“I became the head of the household. My children lost their father, and I had to find income
to maintain my children and my aging parents. I had to start selling vegetables and to
travel from one village to another. That is where Tatmadaw soldiers raped me in February
2018. Ever since my husband was taken away by the Tatmadaw, we have been struggling
for survival. I decided to leave my children in Kachin State with my elderly parents so I can
work abroad and ensure they stay alive.”496
XI. Impunity and accountability
“While there have been alleged cases and accusations against members of the security
forces, there has been no evidence and sufficient grounds to convict anyone. Actions cannot
be based on narratives and rumours of unreliable sources.”
Government of Myanmar submission to the Committee on the Elimination of
Discrimination against Women under the exceptional reporting procedure,
7 February 2019
A.
Context
“We want justice. We had to leave behind everything when we were raped.” 497
229. Human rights violations of the most egregious nature have been committed in
Myanmar. The Government of Myanmar has a duty to investigate, prosecute and punish
perpetrators of sexual and gender-based violence, in particular where they amount to crimes
under international law.498 Investigations into allegations of violations and crimes must be
493
494
495
496
497
498
52
PI-144, PI-166, PI-173.
GI-036, PI-070, PI-073, PI-074.
GI-036.
PI-069.
EI-090.
E.g. A/HRC/27/56, para. 27. See also e.g. Genocide Convention, art. 1; U.N. Human Rights
Committee, General Comment No. 31 (CCPR/C/21/Rev.1/Add.13); J.M. Henckaerts and L. DoswaldBeck, “Customary International Humanitarian Law. Volume I: Rules” (Cambridge, ICRC/Cambridge
University Press, 2005), rules 150, 158 (hereinafter “ICRC/Customary IHL”); Basic Principles and
Guidelines on the Right to a Remedy and Reparation (principles 1-5); and the Principles to Combat
Impunity. Under the Convention on the Elimination of Discrimination against Women, to which
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